Despite winning two asylum requests, Haitian detainee remains behind bars

[Judi Lynn]

Despite winning two asylum requests, Haitian detainee remains behind bars

By Tanya Weinberg
Staff Writer
Posted December 27 2003

Hunched over at the Krome federal detention center, Rochenel Charles' sunken eyes and wilted frame bear no sign that he is a winner.

Yet he is, twice over.

Twice in 14 months an immigration judge approved Charles' request for political asylum. One of dozens of Haitian refugees to leap into Biscayne Bay in a nationally televised October 2002 landing, Charles was among the first to win his case. But the government appealed that February decision, and may appeal last week's ruling as well.

"How many times does a Haitian have to win asylum to be freed?" asked Candace Jean, Charles' pro-bono attorney from Catholic Charities Legal Services. "I don't know anybody in history who's been granted twice and is still in prison, and I've been doing this 20 years."
(snip/...)



Waiting Rochenel Charles’ two siblings were killed by supporters of Haiti’s ruling party, Fanmi Lavalas. A judge agreed that Charles has a legitimate fear of persecution.
(Sun-Sentinel/Angel Valentin)

Dec. 26, 2003

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If this man had come 90 miles from Cuba, as opposed to 600 miles away, from Haiti, he would NEVER have been in jail, and would have been turned out immediately into the community. The Cuban Adjustment Act would allow him to receive instant legal status, free green card,work visa, instant access to food stamps, Section 8 taxpayer subsidized housing, welfare, etc., etc.

Pity.